Legal Opinion

Leyva v. Riverbay Corp.

Appellate Division of the Supreme Court of the State of New York

Decided December 1, 1994PublishedCited by 25 opinions

1Opinion of the Court

OPINION OF THE COURT

Sullivan, J.

This appeal presents the issue of whether a private owner of a large housing complex may, without any showing that one of its many outdoor public walkways presents a danger to pedestrians, be held liable to a person criminally assaulted on that walkway on the ground that, had the owner exercised reasonable control over its premises, it would have observed the perpetrators before they assaulted their victim and thereby prevented the crime.

Co-Op City, owned by defendant Riverbay Corporation (CoOp City), is a complex of approximately two square miles, with more…

2Cases cited9 opinions

  1. Basso v. MillerNew York Court of Appeals · 1976
  2. Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
  3. Miller v. State of New YorkNew York Court of Appeals · 1984
  4. Jacqueline S. v. City of New YorkNew York Court of Appeals · 1993
  5. Waters v. New York City Housing AuthorityNew York Court of Appeals · 1987

4 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Florman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
  2. Haire v. BonelliAppellate Division of the Supreme Court of the State of New York · 2008
  3. Katash v. KranisAppellate Division of the Supreme Court of the State of New York · 1996
  4. Streetwatch v. National Railroad Passenger Corp.District Court, S.D. New York · 1995
  5. Rios v. Jackson AssociatesAppellate Division of the Supreme Court of the State of New York · 1999

20 more not listed; retrieve them via the Exa API.

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